Ord. 1211-2010 - 2010-04-26 - Supp 5ORDINANCE NO. 1211-2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CHAPTER 10, FIRE
PREVENTION AND PROTECTION, OF THE CITY
OF PEARLAND CODE OF ORDINANCES, AS IT MAY HAVE
BEEN, FROM TIME TO TIME, AMENDED, TO AMEND ARTICLE
III, ENTITLED FIRE CODE, AND TO AMEND ARTICLE VI,
ENTITLED FIRE LANES; HAVING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; AND
PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That Chapter 10, Fire Prevention and Protection, of the City
of Pearland Code of Ordinances, is hereby amended to AMEND Article III,
entitled Fire Code, to read as follows:
"ARTICLE III. FIRE CODE
10-46. Fire code adopted.
There is hereby adopted the "City of Pearland Fire Code," which shall consist of
the International Fire Code, 2006 Edition, including appendices as published by
the International Code Council, Inc. A copy of said code shall be maintained in
the office of the city secretary.
10-47. Local amendments.
The fire code adopted in Section 10-46 is hereby modified as follows:
(a) The following provisions are added:
(1) 106.4.1 No waiver. The failure of the Pearland Fire Marshal to
enforce any provision of the fire code shall in no case constitute or
be deemed a waiver of the applicability of said provision or the
authority of the Fire Marshal to enforce it.
(2) 106.4.2 Acceptable compliance alternative. The Pearland Fire
Marshal or his designee may accept an alternative method of
achieving compliance with any provision of the fire code proposed
ORDINANCE NO. 1211-2010
by the owner or user of a facility, if in the Fire Marshal's judgment
said alternative is equally effective in achieving the objective of the
fire code, is more practicable to effect than the usual required
method of compliance, and does not negatively impact current or
future compliance with the fire code or any other code.
(3) 903.2.5.1 Facilities housing individuals incapable of self-
preservation. Any facility that houses individuals that are
incapable of self-preservation, as defined by the Life Safety Code,
N.F.P.A. 101, shall be protected throughout by an approved
N.F.P.A. 72 fire alarm and N.F.P.A. 13 automatic sprinkler system.
Exceptions:
1. In the case of a personal care facility, child-care,
group home, or in -home residential child care that
houses fewer than six clients, including a person who
is incapable of self-preservation, a 13 R or 13 D
automatic sprinkler system shall be acceptable, so
long as the plans for installation are forwarded to the
Fire Marshal for review and permitting.
2. In the case of a personal care facility, child-care,
group home, or in -home residential child care that
houses fewer than six clients, including a person who
is incapable of self-preservation, a residential
automatic fire alarm system with smoke detection
throughout shall be acceptable, so long as the plans
for installation are forwarded to the Fire Marshal for
review and permitting.
(4) 903.2.5.2 Inspection by Fire Marshal. The Pearland Fire
Marshal or his designee shall inspect all registered and licensed
personal care facilities, foster care, child-care, and group homes
within the City of Pearland for compliance with the fire code and life
safety code.
(5)
907.7.1 Evacuation. Upon activation of any automatic fire alarm
system, all occupants of the structure shall be evacuated and shall
remain outside the structure until the fire department has
determined that no fire or danger exists. To enable fire department
personnel to locate the area or zone activated, occupants of the
structure shall not reset an alarm activation.
(6) 2505.8 Off-loading of trucks. All incoming tires by truck or trailer
shall be off-loaded within 24 hours and worked into stock on non-
combustible racks as required for all tire storage. Tires are not to
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ORDINANCE NO. 1211-2010
(7)
be left on the ground at the end of the workday and the truck or
trailer transporting the incoming tires shall be removed from the site
immediately following off-loading.
2505.9 Public nuisance declared. Tires not designated for retail
or wholesale consumption shall not be allowed to accumulate
above the limits herein established regardless of their form,
whether whole, split, shredded, or chopped, or so as to constitute a
fire or health hazard. Any accumulation in violation of this section
shall be deemed a public nuisance and their prohibition shall
extend to all of the city's extra -territorial jurisdiction (ETJ) within five
thousand (5,000) feet of the city's corporate limits.
(b) The following provisions are deleted in their entirety:
(1) 905.5.1 Groups A-1 and A-2.
(2) 905.5.2 Protection.
(3) 905.5.3 Class II system 1 inch hose.
(c) The following provisions are adopted in place of the identically numbered
provisions in the International Fire Code, 2006 Edition:
(1) 105.1.1 Permits required. Permits required by this code shall be
obtained from the code official. Permit fees, if any, shall be paid
prior to issuance of the permit. Issued permits shall be kept on the
premises designated therein at all times and shall be readily
available for inspection by the code official. Permits are required
for the following:
Type I Permit (include review, inspection, testing, and permit)
Installation of fire sprinkler system.
Modification of more than 20 sprinkler heads.
Installation of underground fire mains.
Installation of smoke control systems.
Installation of fire pumps.
Installation of standpipe system.
Installation of fixed fire protection systems.
Installation of fire alarm.
Installation or removal of flammable/combustible liquid storage
tank.
Installation of residential automatic fire sprinkler system.
Type II Permits (includes permit and site inspection)
3
ORDINANCE NO. 1211-2010
Temporary storage tanks.
Public displays of fireworks.
(2) 307.1 General. No person shall kindle or maintain any type of
open fire or burning, including bonfires, recreational fires, and
trench -burn fires as defined by the Texas Commission on
Environmental Quality (TCEQ), within the city. Such open fires are
hereby declared to be a public nuisance, and their prohibition shall
extend to all of the city's extra -territorial jurisdiction (ETJ) within five
thousand (5,000) feet of the city's corporate limits.
(3)
This prohibition does not apply to live firefighting training conducted
by the Fire Department in compliance with TCEQ regulations,
barbecue pits used for cooking, or an approved outdoor fireplace
used for warmth that has three sides and a spark arrestor and
complies with Sec. 307. The fire official may prohibit any or all
fires, or order the immediate extinguishment of any and all fires
when, in his sole discretion, atmospheric conditions or local
circumstances make such fires an immediate threat to public safety
or the smoke or ash from such fires becomes a public nuisance.
308.3.1 Open -flame cooking devices. Charcoal burners and
other open -flame cooking devices shall not be operated on
balconies or within 10 feet (3048 mm) of a building.
Exceptions:
1. One- and two-family dwellings.
2. Where the building and the area where the charcoal
burner or open -flame cooking device is operated,
such as a patio, deck, porch, or balcony, are
protected by an automatic sprinkler system.
Charcoal burners, solid fuel cookers, and barbeque pits shall be
listed for their intended use and shall not be used inside a structure
unless specifically intended or listed for inside use.
(4) 503.3 Marking. Where required by the code official, approved
signs or other approved notices shall be provided for fire apparatus
access roads to identify such roads or prohibit the obstruction
thereof. Signs or notices shall be maintained in a clean and legible
condition at all times and replaced or repaired when necessary to
provide adequate visibility.
Whenever any provision regarding the regulation of fire lanes
contained in the most recent edition of the International Fire Code
4
ORDINANCE NO. 1211-2010
adopted by the City is in conflict with the provisions of this
subsection, the provisions of this subsection shall govern.
The owner, manager, or person in charge of any new or existing
building or property for which fire lanes have been approved or
required by the Fire Marshal or his authorized representative shall
mark and maintain said fire lanes as provided below.
(a) Fire lanes shall not be located immediately adjacent
to a structure if other possible locations exist that are not
immediately adjacent but close enough to give sufficient
access to at least three sides of the structure. The minimum
corner radius on the turns shall be 25' on the inside and 50'
on the outside.
(b) All curbs and curb ends shall be painted red with
white lettering four inches (4") high and at least one half -inch
( '/2') stroke, stating "NO PARKING - FIRE LANE". Wording
may not be spaced more than twenty five feet (25') apart.
Fire lanes shall be marked on both sides of access roads so
as to assure a minimum of 24' clear width in the middle of
said access roads.
(c) In areas where fire lanes are required but no
continuous curb is available, one of the following methods
shall be used, in conjunction with curb markings where
possible, to indicate that the fire lane is continuous:
(1) Signs that comply with Section D103.6 shall be
mounted conspicuously along the edge of the fire
lane, spaced no more than twenty-five feet (25') apart,
and shall have lettering at least two inches (2") high
with three -eighths inch (3/8") stroke.
(2) From the point the fire lane begins to the point
the fire lane ends, including behind all parking spaces
which adjoin a fire lane, there shall be painted one
continuous red stripe having a minimum width of at
least six inches (6"). Fire lanes shall be stenciled
every twenty-five feet (25') apart "NO PARKING
FIRE LANE" with white lettering four inches (4") high
and at least one half -inch CA") stroke. Fire lanes shall
be so marked on both sides of the lane.
5
ORDINANCE NO. 1211-2010
(5)
506.1.2 When required. All new construction and any existing
building with a monitored fire alarm system shall be required to
have a key box approved by the Fire Marshal.
(6) 903.2.5 Group I. An automatic sprinkler system shall be provided
throughout buildings with a Group I fire area, except that an
automatic sprinkler system installed in accordance with Sections
903.3.1.2 or 903.3.1.3 shall be allowed in Group 1-1 facilities. An
automatic residential fire alarm system, equipped with emergency
force notification and initiated by smoke detection and activation of
the automatic sprinkler system, shall also be provided throughout
buildings with a Group I fire area.
(7)
This section shall only apply to the new construction or
registering/licensing of a facility other than a foster home.
903.2.7 Group R. An automatic sprinkler system shall be provided
throughout all buildings with a Group R occupancy fire area,
including attached balconies, patios, porches, breezeways, car
ports, and porte cocheres, regardless of fire separations.
(8) 903.2.9 Group S. All storage facilities (S-1/S-2) moderate/low-
hazard that are 5000 sq. ft. or more shall be fully sprinkled,
regardless of the fire area and aggregate floor area. Installation of
fire separations is not an exception to sprinklers on structures that
have a fire area greater than 5000 sq. ft.
(9)
903.3.7 Fire department connections. The fire department
connection (FDC) shall be located at a point no further than 20 feet
from a fire apparatus access road, remotely located at a horizontal
distance that is greater than the height of the building on the main
street side, and easily accessible to the Fire Department. The
location of the FDC shall be such so as to provide hose
connections that shall not block access to the building or obstruct
other fire apparatus from accessing the building. There shall be an
approved sign as specified by the Fire Marshal designating the
address served by the FDC. A fire hydrant shall be located within
one hundred feet (100') of the FDC measured along a fire
apparatus access road. FDCs shall have a five inch (5") Storz
connection and shall include an approved locking cap as specified
by the Fire Marshal.
(10) 904.3.5 Monitoring. Where a building fire alarm system is
installed, automatic fire -extinguishing systems shall be monitored
by the building fire alarm system in accordance with NFPA 72. If
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ORDINANCE NO. 1211-2010
the building has no fire alarm, a local electronic or mechanical
alarm shall be required to indicate when the system has activated.
(11) 905.1 General. Standpipe systems shall be provided in new
buildings and structures in accordance with this section. Fire hose
threads used in connection with standpipe systems shall comply
with NFPA 1963 or as otherwise approved and shall be compatible
with fire department hose threads. The location of fire department
hose connection shall be approved. In buildings used for high -piled
combustible storage, fire protection shall be in accordance with
Chapter 24. When a standpipe system is required only a Class I or
Class III standpipe with a 2 1/2" to 1 1/2" reducer attached shall be
acceptable.
(12) 905.5 Location near auditorium. In Group A-1 and A-2
occupancies with occupant loads of more than 1,000, Class I or
Class III hose connections shall be located on each side of any
stage, on each side of the rear of the auditorium, on each side of
the balcony, and on each tier of dressing rooms.
(13) 907.1 General. This section covers the application, installation,
performance and maintenance of fire alarm systems and their
components in new and existing buildings and structures. The
requirements of Section 907.2 are applicable to new building and
structures. The requirements of Section 907.3 are applicable to
existing buildings and structures.
All new installations of residential automatic fire alarm systems
shall comply with the latest published edition of NFPA 72. Said
installations shall include smoke detectors in all sleeping rooms, in
the hallway outside the sleeping rooms, and one per floor. The
detectors shall be interconnected and electrically hard wired with
battery backup in the alarm system.
(14) 907.1.2 Equipment. Systems and their components shall be listed
and approved for the purpose for which they are installed. All new
fire alarm systems installed in structures with more than one story
or larger than 5000 square feet shall be addressable and
communication devices shall be compatible for emergency force
notification. The system shall have occupant notification
throughout the building in compliance with ADA requirements, and
manual pull stations shall be required by all exits regardless of any
conflicting provision in the code.
(15) 907.2 Where required -new buildings and structures. An
approved manual, automatic, or manual and automatic fire alarm
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ORDINANCE NO. 1211-2010
system shall be provided in new buildings and structures in
accordance with Sections 907.2.1 through 907.2.23. Where
automatic sprinkler protection installed in accordance with Section
903.3.1.1 or 903.3.1.2 is provided and connected to the building fire
alarm system, automatic heat detection required by this section
shall not be required.
An approved automatic fire detection system shall be installed in
accordance with the provisions of this code and NFPA 72.
Devices, combinations of devices, appliances and equipment shall
comply with Section 907.1.2. The automatic fire detectors shall be
smoke detectors, except that an approved alternative type of
detector shall be installed in spaces such as boiler rooms where,
during normal operation, products of combustion are present in
sufficient quantity to actuate a smoke detector.
When the installation of a new fire alarm system is required in any
type of occupancy, said system shall be equipped with one means
of automatic activation, such as smoke detection, heat detection, or
fire sprinklers, in addition to manual operation of the fire system.
All new installations shall be monitored for emergency force
notification and for integrity by means of a dedicated first phone
line.
(16) 907.2.1.1 System initiation in Group A occupancies with an
occupant load of 300 or more. All new and existing assembly
buildings with an occupant load of 300 or greater shall install
Emergency Voice Evacuation (EVAC) systems in accordance with
NFPA 72.
(17) 907.15 Monitoring. Where required by this chapter, an approved
supervising station in accordance with NFPA 72 shall monitor fire
alarm systems. All alarm activations monitored by an approved
supervising station shall not be subject to pre -qualification. Instead,
the local fire department shall immediately be notified of all alarm
activations.
Exception: Supervisory service is not required for automatic
sprinkler systems in one- and two-family dwellings.
(18) 2505.8 Location of storage. Storage of waste tires in any form,
whether whole, split shredded, or chopped, shall only be allowed in
no more than one (1) enclosed trailer, 8' x 8' x 20' or 1280 ft.3,
located on -site.
8
ORDINANCE NO. 1211-2010
(19) D103.6.1 Posting of fire lanes. Fire access roads that are
required to be marked shall have a minimum width of 24 feet and
shall be posted on both sides as a fire lane.
10-48. Life safety code adopted.
NFPA 101, Life Safety Code Handbook, 2006 edition, is hereby adopted and
incorporated herein and made a part of hereof for all intents and purposes, and
shall apply for repairs, alterations, renovations, and maintenance of all
commercial buildings and appurtenances thereto. A copy of said code shall be
maintained in the office of the city secretary.
10-49. Local amendments.
The life safety code adopted in Section 10-48 is hereby modified to delete the
following provisions in their entirety:
(1) 12.3.5.1
(2) 24.3.5.1
10-50. Penalty for violation.
(a) Any person, firm or corporation who violates or fails to comply with the
requirements or provisions of the City of Pearland Fire Code or the City of
Pearland Life Safety Code, as herein adopted, shall be deemed guilty of a
misdemeanor, and shall, upon conviction by a court of competent jurisdiction, be
punished as provided in section 1-11 of this Code.
(b) In prosecutions under this section, the requirement that a culpable mental
state be pled and proven by the state is hereby waived."
Section 2. That Article VI, Fire Lanes, of Chapter 10, Fire Prevention
and Protection, of the City of Pearland Code of Ordinances, is hereby amended
to AMEND Section 10-115, entitled Parking Prohibited Within Fire Lane, to read
as follows:
"10-115. Parking prohibited within fire lane.
When signs are erected giving notice thereof, it shall be unlawful for the owner or
operator of any motor vehicle to allow, cause or permit such vehicle to be parked
within any fire lane hereafter designated by the fire marshal."
9
ORDINANCE NO. 1211-2010
Section 3. Savings. All rights and remedies which have accrued in
favor of the City under this Ordinance and amendments thereto shall be and are
preserved for the benefit of the City.
Section 4. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such
holding shall not affect the validity of the remaining portions thereof.
Section 5. Repealer. All ordinances and parts of ordinances in conflict
herewith are hereby repealed but only to the extent of such conflict.
Section 6. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
Section 7. Effective Date. The City Secretary shall cause this
Ordinance, or its caption and penalty, to be published in the official newspaper of
the City of Pearland, upon passage of such Ordinance. The Ordinance shall
then become effective on August 1, 2010.
10
ORDINANCE NO. 1211-2010
PASSED and APPROVED on FIRST READING this the 12th day of
March, A.D., 2010.
TOm k-EID
MAYOR
ATTEST:
PASSED and APPROVED on SECOND and FINAL READING this the
22nd day of April, A.D., 2010.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
VOTING RECORD SECOND AND FINAL READING
APRIL 12, 2010
Voting "Aye" - Councilmembers Owens, Sherman, Kyle,
Saboe, and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE: April 14, 2010
EFFECTIVE DATE: August 1, 2010
PUBLISHED AS REQUIRED BY SECTION 3.10 OF
THE CHARTER OF THE CITY OF PEARLAND, TEXAS
11
AFFIDAVIT OF PUBLICATION.
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appendedwas published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria
and Galveston Counties, for / • � Harris
issues, as follows:
No % Date `7 - /i/ 20 •/j
No. Date 20
No. Date 20
No. Date 20
No. Date 20
Subscribe and sworn to before me this
:'.e Nid.4s.43.�si.'m.
20 /a
IM/4t-Ked,i
CFO
day of
LAURA A SB EMMO S
Notary Public, State of Texas
My Commission Expires 09-09-2010
Laura Ann Emmons, Publisher
Notary Public, .State of Texas
Ora ce \all�ao�c�
Published April 14, 20.10
1 ORDINANCE
. NO. 1211.2010
i
9 AN ORDINANCE OF
I THE CITY COUNCIL
k OF THE CITY OF
1 PEARLAND, TEXAS,
AMENDING CHAPTER
10, FIRE PREVENTION
AND PROTECTION, OF
I THE CITY OF PEAR -
I LAND CODE OF ORDI-
1 NANCES, AS IT MAY
II HAVE BEEN, FROM
TIME TO TIME; AMEN-
; DED, TO AMEND ARTI-
1 CLE III, ENTITLED
I FIRE CODE, AND TO
(AMEND ARTICLE VI,
I ENTITLED FIRE
1 LANES; HAVING A
I SAVINGS CLAUSE, A
SEVERABILITY
CLAUSE, AND A
REPEALER CLAUSE;
AND PROVIDING FOR
CODIFICATION AND
AN EFFECTIVE DATE. •
10-50. Penalty for vio-
lation.
(a) Any person, firm or
corporation who violates
or fails to comply with
the requirements or pro-
visibns of the .City of
Pearland Fire Code 'or
the City of Pearland Life
Safety Code, as herein
adopted, shall be
deemed guilty of a mis-
demeanor, and shall,
upon conviction by a
court of competent juris-
I diction, be punished as
i provided In section 1-11
ff of this Code.
(b) In prosecutions
under thls section, 'the
requirement that a cul-
pable mental state be
pled and proven by the
state is hereby waived."
PASSED and APPROV-
ED on FIRST READING
this the 22nd day of
March, A.D., 2010.
PASSED and APPROV-
ED on SECOND and
FINAL READING this
the 12th day of April,
A.D., 2010.
/s/ Tom Reid, Mayor
ATTEST:
/s/ Young Lorfing,
TRMC
City Secretary
APPROVED AS TO
FORM:
/sl Darrin M. Coker
City Attorney
VOTING RECORD
SECOND AND FINAL
READING
APRIL 12, 2010
Voting "Aye" -
Councilmembers
Owens, Sherman, Kyle,
Saboe, and Cole.
Voting "No" — None.
Motion passed 5 to 0.
PUBLICATION DATE:
April 14, 2010
EFFECTIVE DATE:
August 1,2010
PUBLISHED AS
REQUIRED BY SEC-
TION 3.10 OF THE
CHARTER OF THE
CITY OF PEARLAND,
TEXAS
•